Kazakhstan Adopts Regulations on Collecting and Processing Personal Data

The Regulations on Collecting and Processing Personal Data entered into force in Kazakhstan on October 28, 2020. The Regulations determine the procedure and requirements for handling personal data from its collection to its destruction.

According to the Regulations, the collection and processing of personal data may be carried out by state bodies or legal entities that have the right to own, use and dispose of databases containing personal data, as well as by third parties that received the data owner’s or his/her legal representative’s authorization.

A person or his/her legal representative may withdraw consent to the collection and processing of personal data in written or electronic forms, through an e-government web portal dedicated to personal data security, or in any other way which confirms the withdrawal of consent and does not contradict Kazakh legislation.

The distribution of personal data that goes beyond the purposes directly related to the state body, legal entity or third party’s functions, duties and tasks must be carried out with the consent of the person or their legal representative. Personal data becomes depersonalized for purposes of statistical, sociological, scientific, and marketing research.

The state body, legal entity or third party must delete personal data or destroy the material carriers of personal data within one day in the following circumstances:

• At the end of the retention period;
• Upon termination of legal relations with the person whose data it is storing;
• When a court decision mandating the data destruction enters into force.

The collection and processing of personal data were previously not regulated by any particular regulations. The Law on the Protection of Personal Data from 2013 only contained general rules and determined that the Ministry of Digital Development, Innovation and Aerospace would be the competent body authorized to approve the regulations on collecting and processing personal data.

Prepared by: Dayana Auezova

For more information, please contact kazakhstan@petosevic.com.

Source: Zakon.kz news website